Germany’s proprietor has requested that we relocate, for which a legal professional has proffered counsel.

— Hello MK in Germany. Thank you for your column!

We rent a large apartment on the principle of “a house in a house”, however, its owner has always hated us: either our children interfered with him, or a dog, or guests, or music in Russian. In a nutshell, there were constant complaints. Now, he demands that we leavebecause her eldest son needs an apartment. And we have three children. The middle one is third. It is important for us that he continues to study in his school and during the next year, which will be particularly difficult for him. The eldest is in fifth grade – he just made friends in the new gymnasium. My husband and I work. The apartment is close to work. In short, no one wants to move. And the landlord demands that we move out within three months. Are there laws that will protect us? Can we require him to pay us the broker and the move? When do we have to leave? And is it true that, according to him, we are obliged to leave, since there are many complaints against us? (They are not registered anywhere. The other neighbors have never complained about us.) The children are upset about the move. When do we have to leave the house? And one more thing: the owner asks us to leave the apartment in the same condition as when we moved in. We have lived in the house for 8 years. After moving in, with his agreement, we redid the floor for our own money. Instead of the old linoleum they put a laminate. Unfortunately, the old emails where we discussed it with him have not been preserved. Do we really have to comply with this requirement?

Anna G., Bonn.

• Dear Anna!

According to German civil law, you have the right to file a written objection with the landlord against the termination of the rental agreement on the basis of the landlord’s own needs. An indication of this possibility, together with a detailed justification owner’s own needs must be included in the lease termination letter. Failure to comply with the formalities may result in the nullity of the termination of the contract.

Within the framework of objections to the termination of the contract, it is possible to demand the continuation of the contract if the termination of the rental contract causes difficulties for the tenant and his family, which will not be justified even taking into account the legitimate interests of the owner to install a member of the owner’s family in the apartment. In such difficulties, the law, in particular, implies the impossibility for the tenant to find an apartment which would worthily replace the previous apartment. Given that the current apartment is close to the place of work and that the move faces difficulties in transferring the children to other schools, it can be expected that the court will consider the objection justified. .

Procedural issues may induce the landlord to stay on what is, and not require another termination of the contract. Or, at the very least, it will give you more time to deal with the issue of new homes.

Lawyer Irina GERMAN,

lawyer Maxime BRITANOV,

Fachanwalt für Familienrecht / Fachanwalt für Migrationsrecht,

Law Factory law firm

Britanow & Dr. Hirsch

Such. : +49(0)69 26 49 22420

www.lawfactory-frankfurt.de

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